Racial Harassment and Discrimination Definitions and Examples (quotes are from the Stephen Lawrence Inquiry report, 23 March, 1999)

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1 APPENDIX C Racial Harassment and Discrimination Definitions and Examples (quotes are from the Stephen Lawrence Inquiry report, 23 March, 1999) Racial Harassment is an act designed to intimidate, humiliate, ridicule or undermine the confidence of a person by reason of a person s race, colour, nationality, ethnic or national origins, religion or belief. It can include: Racism: Racism in general terms consists of conduct or words or practices which disadvantage or advantage people because of their colour, culture or ethnic origin. In its more subtle form it is more damaging as in its overt form. Institutional Racism (Legal status within the Race Relations Amendment Act): The collective failure of an organisation to provide an appropriate and professional service to people because of their colour, culture or ethnic origin. It can be seen or detected in processes, attitudes and behaviour which amount to discrimination through unwitting prejudice, ignorance, thoughtlessness and racist stereotyping which disadvantage minority ethnic people. Racist Incidents: A racist incident is any incident, which is perceived to be racist or racial harassment by the victim, or any other person. Racially aggravated offence is when: The offence is wholly or partly motivated by hostility towards members of a racial group based on their membership of the racial group or at the time of, or immediately before or after, committing the offence, the offender demonstrates toward the victim hostility based on the victim s membership of a racial group (Crime and Disorder Act 1998)* *The above act is a criminal law and therefore makes the above behaviours criminal offences. The police and Crown Prosecution service would take these to a criminal court. Unreasonable delays in following through agreed actions Differential judgement of behaviour or intelligence based on, for example, accent, expressiveness, requests, use of language Not following the normal management or service practice in resolving an

2 Making an individual feel uncomfortable about attending a positive action or support group Physical attacks or threats of a racist nature. Deliberate physical and/or verbal abuse including embarrassing or derogatory remarks, jokes, name-calling and obscene gestures Any offensive manner of communication whatever the medium ( , Encouraging others to behave in a racist way Making stereotypic assumptions about colleagues or service users or members of the public based on their race or culture, religion or belief Discouraging ethnic minority employees or members of the public from taking up services or opportunities for advancement Examples of victimisation may include: favourable treatment by or to others/or organisation Withholding support options or appropriate advice Not following normal management or service practice in resolving an Deliberate ignoring and excluding Uncooperative attitude Unreasonable and insensitive use of formal procedures of complaints and/or discipline/competence Examples of racial harassment and discrimination Physical attacks or threats of a racist nature. Deliberate physical and/or verbal abuse including embarrassing or derogatory remarks, jokes, name-calling and obscene gestures Any offensive manner of communication whatever the medium ( , Encouraging others to behave in a racist way Making stereotypic assumptions about colleagues or service users or members of the public based on their race or culture, religion or belief Discouraging ethnic minority employees or members of the public from taking up services or opportunities for advancement Examples of victimisation may include: favourable treatment by or to others/or organisation Withholding support options or appropriate advice

3 Not following normal management or service practice in resolving an Deliberate ignoring and excluding Uncooperative attitude Unreasonable and insensitive use of formal procedures of complaints and/or discipline/competence

4 Gender Harassment, Sexual Harassment and Sex Discrimination Definitions and Examples Sexual Harassment is unwanted conduct of a sexual nature or other conduct based on sex affecting the dignity of men and women. Sexism: Sexism in general terms consists of conduct or words or practices which disadvantage or advantage people because of their gender, marital status or caring responsibilities. In its more subtle form it is more damaging as in its overt (or open) form. It includes both gender harassment and sexual harassment. Institutional Sexism: The collective failure of an organisation to provide an appropriate and professional service to people because of their gender, marital status or caring responsibility. It can be seen or detected in processes, attitudes and behaviour which amount to discrimination through unwitting prejudice, ignorance, thoughtlessness and sexist stereotyping which disadvantage both men and women but more often women. Sexist Incidents: A sexist incident is any incident, which is perceived to be sexist or sexual harassment by the victim, or any other person. Examples of gender harassment and discrimination Ridiculing an individual because of physical differences, the way they present their masculinity or femininity, in terms of dress or attitude Deliberate physical and/or verbal abuse including embarrassing or derogatory remarks, jokes, name-calling and obscene gestures Any offensive manner of communication whatever the medium ( , Making stereotypical assumptions about colleagues or members of the public based on their gender, marital status or caring responsibility Discouraging service users or employees by virtue of their gender from taking up services or opportunities for advancement. Or encouraging them to take up limited opportunities Patronising behaviour not used with other colleagues. Examples of victimisation

5 Increased abuse or pressure to comply Encouraging colleagues or services users to collude favourable treatment by the organisation or that others will be unfavourably treated as a result Withholding support options and giving appropriate advice Not following normal management or service practice in resolving an Deliberate ignoring, excluding or uncooperative attitude Unreasonable and insensitive use of formal procedures such as complaints, discipline, or competence

6 Disability Harassment and Discrimination Definitions and Examples Disability (Disability Discrimination Act): A physical and mental impairment which has a long term, substantial and adverse impact on normal day to day activities Disability Discrimination: In general terms, consists of conduct or words or practices which disadvantage or advantage people because of their disability. In its more subtle form it is more damaging as in its overt (open) form. Disability Harassment is any unwanted act directed at a person who has a disability, which happens because of their disability, which is evident by physical or behavioural differences. Institutional Disability Discrimination: The collective failure of an organisation to provide an appropriate and professional service to people because of their disability. It can be seen or detected in processes, attitudes and behaviour which amount to discrimination through unwitting prejudice, ignorance and thoughtlessness. Disability Discrimination Incidents: A disability discrimination incident is any incident, which is perceived to be discrimination or harassment due to their disability by the victim, or any other person. Disability Harassment: Is any unwanted act directed at a person who has a disability and which happens because of their disability, which is evident by physical or behavioural differences Examples of disability harassment and discrimination Mimicking and ridiculing the individual because of their disability Jokes and mimicking people with a disability Deliberate exclusion from conversation or social activities Unacceptable forms of patronising and belittling an individual because of a disability Talking over another s conversation Deliberate interference with wheelchair or support equipment Deliberate physical and/or verbal abuse including embarrassing or derogatory remarks and name-calling. Any offensive manner of communication whatever the medium ( ,

7 Making stereotypical assumptions about colleagues or members of the public based on their disability Unreasonable/unjustifiable refusal to make reasonable adjustments Examples of victimisation Increased abuse or pressure to comply Encouraging colleagues or services users to collude favourable treatment by the organisation or that others will be unfavourably treated as a result Withholding support options and giving appropriate advice Not following normal management or service practice in resolving an Deliberate ignoring, excluding or uncooperative attitude Unreasonable and insensitive use of formal procedures such as complaints, discipline, or competence Discouraging service users or employees by virtue of their disability from taking up services or opportunities for advancement. Or encouraging them to take up limited opportunities

8 Homophobic Harassment and Discrimination Definitions and Examples Sexual Orientation: An attraction to the opposite sex, same sex, both sexes or neither sex Homophobia: Irrational dislike, hatred or fear of individuals who are lesbian, gay, bisexual or transgendered. It results in negative consequences ranging from damage of self-esteem to premature death. Homophobic Harassment: is any unwanted act designed to intimidate, humiliate, ridicule or undermine the confidence of a person by reason of the person's sexual orientation. It often involves the use of gendered language or language which refers to sexual orientation as terms of abuse. Institutional Homophobia: The collective failure of an organisation to provide an appropriate and professional service to people because of their sexual orientation. It can be seen or detected in processes, attitudes and behaviour which amount to discrimination through unwitting prejudice, ignorance, thoughtlessness and sexist stereotyping which disadvantage both gay, lesbian, bisexual and transsexual/transgendered people. Homophobic Incidents: A homophobic incident is any incident, which is perceived to be homophobic or homophobic harassment by the victim, or any other person. Homophobic Harassment: This is an act designed to intimidate, humiliate, ridicule or undermine the confidence of a person by reason of the person's sexual orientation. It often involves the use of gendered language or language which refers to sexual orientation as terms of abuse Examples of homophobic harassment and discrimination: Isolation and social exclusion Ridiculing an individual because of physical differences, the way they present their masculinity or femininity, in terms of dress or attitude Deliberate physical (physical attacks) and/or verbal abuse including embarrassing or derogatory remarks, jokes and name-calling

9 Any offensive manner of communication whatever the medium ( , Making stereotypical assumptions about colleagues or members of the public based on their sexuality Refusal to co-operate because of a person s sexual orientation Deliberate exclusion from conversation and professional and social activity Examples of victimisation Increased abuse or pressure to comply Encouraging colleagues or services users to collude favourable treatment by the organisation or that others will be unfavourably treated as a result Withholding support options and giving appropriate advice Not following normal management or service practice in resolving an Deliberate ignoring, excluding or uncooperative attitude Unreasonable and insensitive use of formal procedures such as complaints, discipline, or competence

10 Harassment and Discrimination on the grounds of Religion & Belief Definitions and Examples Religion and Belief: The Employment Equality (Religion & Belief) Regulations prohibits less favourable treatment on the grounds of religion and belief, and came into force on 1 st December Religion and Belief is defined as being any religion, religious belief or similar philosophical belief. A definitive list of religions or beliefs has not been identified and the following key criteria will be used to establish within the courts what is covered within this regulation: Collective Worship A clear belief system Profound belief affecting a way of life or view of the world It does not cover political beliefs. Discrimination on the grounds of religion or belief Cover direct and indirect discrimination whereby an individual receives less favourable treatment du e to their religion or belief. Harassment on the grounds of religion or belief Where behaviour or action results in an individual engaging in unwanted conduct which has the purpose or effect of violating dignity or creating an intimidating, hostile, degrading or humiliating environment. Victimisation on the grounds of religion or belief An individual receives less favourable treatment as a direct result of raising a previous complaint on the grounds of religion or belief Examples of harassment and discrimination on the grounds of Religion or Belief: Isolation and social exclusion Ridiculing an individual because of the way they dress or their religious observance customs. Using blasphemous or offensive language against any religion or belief, or making inappropriate or derogatory references to religious figures or customs

11 Deliberate physical and/or verbal abuse including embarrassing or derogatory remarks, jokes and name-calling Any offensive manner of communication whatever the medium ( , Making stereotypical assumptions about individuals or groups based on their religion or belief in terms of what they eat, how they pray, what they wear, what they believe in. Examples of victimisation Increased abuse or pressure to comply Encouraging colleagues or services users to collude favourable treatment by the organisation or that others will be unfavourably treated as a result Withholding support options and giving appropriate advice Not following normal management or service practice in resolving an Deliberate ignoring, excluding or uncooperative attitude Unreasonable and insensitive use of formal procedures such as complaints, discipline, or competence

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